The Calif. Union Trespass Problem Just Got Easier

Law360, New York (August 18, 2010, 3:37 PM EDT) -- Many employers in California have experienced the uniquely dispiriting process of trying to enforce California’s trespass laws against labor unions.

The main problem: A set of state laws have put a stranglehold on the state judiciary’s ability to issue trespass injunctions against labor unions.

The Moscone Act of 1975 makes a blanket declaration that “peaceful patrolling or picketing” relating to a “labor dispute” is “legal,” and divests the courts of jurisdiction to issue an injunction against such conduct.

Problematically, the Moscone Act makes no distinction between...
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